Divorce
For most people a divorce is one of the most stressful events they will ever have to endure. The strong emotions which accompany a divorce can sometimes make the decision-making process seem impossible. During these trying times, it is imperative to retain a lawyer who not only provides skilled and effective legal advice, but who is also willing to help you deal with any uncertainty or anxiety. At Mindi Lasley, P.A., we view it as our job to help calm the emotions of our clients and give them straightforward legal advice about their divorce.
Florida is a “no fault” divorce state, meaning that all that needs to be proven for a divorce to be granted is that the marriage is irretrievably broken. While this concept appears to be straightforward, even a simple divorce can prove to be complicated due to the numerous documents that must be filed with the court and done so within certain time constraints, the exorbitant amount of financial documents that must be disclosed, and the court hearings and mediations that are required. The legal pleadings and other document that are required to be filed with the court, are extremely important and must be properly prepared in accordance with Florida law to prevent problems that may arise during the pendency of your case.
Uncontested cases differ in that both parties have already reached an agreement as to how their case will be settled and a marital settlement agreement is drafted and filed at the same time the pleadings are filed. This process eliminates a significant amount of paperwork. However, while many people believe their divorce will be amicable and uncontested, there are frequently issues that arise that make even seemingly uncontested cases contentious and more complicated.
A divorce not only dissolves the marriage, but it resolves all issues such as the division of assets and debts (legally known as equitable distribution), alimony, child custody (which is now legally specified as a “parenting plan”), child support, and any other issues that need to be resolved.
Even divorces that that begin contested can be amicably resolved as an uncontested case during the pendency of the divorce. Both parties are required to attend mediation, which is a process involving a neutral third party, known as the mediator, that is unable to make decisions for you or provide legal advice, but assists in facilitating an agreement as to at least some of the issues in your case. If the mediation process is unsuccessful, your case can still be resolved amicably out of court by signing an agreement known as a marital settlement agreement, a stipulation, or a mediation settlement agreement.
Any settlement agreement that resolves all of the issues associated with the divorce is the most important document that will be filed in your case. This agreement must be very thorough and detailed and resolve all issues in your case. It also must be drafted properly and approved by the judge. If this agreement is not adequately prepared, a judge may not approve the agreement and issues may arise in the future that may be extremely difficult to modify or enforce.